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CHARTER CLUB ON RIVER HOME OWNERS v. WALKER

No. A09A2108.

689 S.E.2d 344 (2009)

CHARTER CLUB ON the RIVER HOME OWNERS ASSOCIATION v. WALKER.

Court of Appeals of Georgia.

Reconsideration Denied January 8, 2010.

Attorney(s) appearing for the Case

Weissman, Nowack, Curry & Wilco, George E. Nowack, Jr., Jason A. LoMonaco, Kristin P. Killeen, Atlanta, for appellant.

Lipshutz & Greenblatt, Randall M. Lipshutz, Atlanta, Jody L. Peskin, for appellee.

Hyatt & Stubblefield, Wayne S. Hyatt, Joanne P. Stubblefield, amici curiae.

MIKELL, Judge.

Appellee Constance Walker purchased a home located at 885 Charter Club Drive on September 23, 2004. At the time of the purchase, the Charter Club Home Owners Association's Declaration of Protective Covenants (the "Declaration"), which was filed in the Gwinnett County Superior Court on June 29, 1994, permitted home owners to lease their residences. On May 11, 2005, however, appellant Charter Club Home Owners Association ("Charter Club") passed an amendment...

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